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Home My WebLink About04-5875FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff KEVIN S. MEEKER 2433 ROLLING HILLS DRIVE MECHANICSBURG, PA 17055 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM n ' NO. 0 q-S87S' ?. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 107167 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 107167 Plaintiff is CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 The name(s) and last known address(es) of the Defendant(s) are: KEVIN S. MEEKER 2433 ROLLING HILLS DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/22/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to SUSQUEHANNA MORTGAGE BANKERS CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1521, Page: 1006. By Assignment of Mortgage recorded 01/10/2000 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 635, Page 464. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 107167 6. The following amounts are due on the mortgage: Principal Balance $166,704.88 Interest 3,961.80 07/01/2004 through 11/19/2004 (Per Diem $27.90) Attorney's Fees 1,250.00 Cumulative Late Charges 163.95 02/22/1999 to 11/19/2004 Cost of Suit and Title Search $ 550.00 Subtotal $ 172,630.63 Escrow Credit 0.00 Deficit 400.83 Subtotal $ 400.83 TOTAL $ 173,031.46 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or hasihave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 173,031.46, together with interest from 11/19/2004 at the rate of $27.90 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FED AN PHEL L By: !s is . Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 107167 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate on the East side of Rolling Hills Drive in the Township of Upper Allen, County of Cumberland, Commonwealth of Pennsylvania, being known as Lot #94 on the Final Subdivision Plan Bowmans Hill Phase 3, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 70, Page 39, being more fully bounded and described as follows, to wit: BEGINNING at a point on the Southern dedicated right-of-way line of Rolling Hills Drive at the dividing line of Lot #9-" and Lot #94, herein described; thence by said dividing line, South twenty-three (23) degrees zero (00) minutes zero (00) seconds East, a distance of one hundred (100) feet at the dividing line of Lot #97 and Lot #94, herein described; thence b said dividing line and beyond by Lot #96, South sixty-seven (67) degrees zero (00) minutes zero (00) seconds West, a distance of one hundred ten (110) feet to a point at the dividing line of Lot #95 and Lot #94, herein described; thence by said dividing line North twenty-three (23) degrees zero (00) minutes zero (00) seconds West, a distance of one hundred (100) feet to a point on the Southern dedicated right-of-way line of Rolling Hills Drive; thence by said right-of-way line. North sixty-seven (67) degrees zero (00) minutes (00) seconds East, a distance of one hundred ten (110) feet to a point. the place of BEGINNING. BEING NO. 2433 ROLLING HILLS DRIVE File #: 107167 VERIFICATION JOE KOONCE hereby states that he/she is ASSISTANT U=ARY Of CHASE MANHATTAN MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. JOE KOONCE (+ a ASSISTANT SIE=AAY DATE: ? U ?`r t? ??ro sr W ? rv C> N 7t3P3 N .c- F-) m ua -? a 14 SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05875 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MANHATTAN MORTGAGE CORP VS MEEKER KEVIN S R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , MEEKER KEVIN S 2433 ROLLING HILLS DRIVE NOT FOUND , as to MECHANICSBURG, PA 17055 PER PO DEFENDANT'S NEW ADDRESS IS PO BOX 350669 JACKSONVILLE, FL 32235-0669. Sheriff's Costs: So answers Docketing 18.00. Service 7.40 - ..C:. Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 40.40 FEDERMAN & PHELAN 12/08/2004 Sworn and subscribed to before me this 7 day of `i&og A.D. Prot o otary PHELAN HALLINAN & SCHMIEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CHASE MANHATTAN Court of Common Pleas MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLANDCounty vs No. 04-5875 KEVIN S. MEEKER Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. X Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: October 1, 2007 Francis Hallinan Attorney for Plaintiff c? N CD ti r r3